Cp970.7/ 
A/87<r/ 


Act  concerning  a  convention  of  the  people 


THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 

NORTH  CAROLINIANA 

PRESENTED  BY 

Mrs.  Gavin  Dortch 


Cp970.71 
N87gl 


House 

Bill 

[34.] 

[Session 

-1860- 

'61. 

Ordered  to  be  Printed. 

John 

Spelman, 

Printer  to 

the  State.    ;■ 

AN  ACT  CONCERNING  A  CONVENTION  OF  THE 
PEOPLE. 

Whereas,  The  present  perilous  condition  of  the  country 
demands,  in  the  judgment  of  this  General  Assembly,  that 
the  sovereign  people  of  this  State  should  assemble  in  Con- 
vention to  effect  an  honorable  adjustment  of  existing  diffi- 
culties whereby  the  Federal  Union  is  endangered,  or  other- 
wise to  determine  what  action  will  best  preserve  the  honor 
and  promote  the  interest  of  North-Carolina  ;  and  whereat, 
this  General  Assembly  on  matters  of  such  grave  import,  in- 
volving the  relation  of  North-Carolina  to  her. sisters  in  the 
confederacy,  is  reluctant  to  adopt  any.  settled' policy  without 
the  sense  of  the  people,  in  whom,  under  our  government,  all 
sovereignty  resides,  being  first  ascertained. 

Section  1 .  Be  it  therefore  enacted  by  the  General  Assemblij 
of  the  State  of  North-Carolina,  and  it  is  hereby  enacted  by  th 
authority,  of  the  jsame,  two-thirds  of  all  the  members  of  each 
House  concurring,  That  upon  the  passage  of  this  act,  the- 
Governor  of  the  State  be,  and  he  is  hereby  required  to  issue 
a  proclamation  commanding  the  sheriffs  of  the  respective 
counties  in  the  State  to  open  polls  at  the  several  election  pre  - 
cincts  in  said  counties,  on  the  28th  day  of  February,  A.  D,r 
1861,  when  and  where  all  persons  qualified  to  vote  for  mem- 
bers of  the  General.  Assembly  may  vote  for  or  against  a  State 
Convention.;  those  who  wish  a  Convention  voting  with  a 
printed  c  '  written  ticket,  "  Convention,"  and  those  who  da 


House  Bill  [34.]  [Session 

not  wish  a  Convention,  voting  in  the  same  way,  "  No  Con- 
vention ;"  also  to  open  separate  polls  at  the  said  time  and 
places  for  the  election  of  delegates  to  the  Convention,  to  be 
assembled  on  such  times  as  are  hereinafter  provided  ;  said 
polls  to  be  superintended  by  inspectors  appointed  by  the 
Sheriffs  with  the  advice  of  three  justices  of  the  peace  of  the 
respective  counties,  who  shall  be  sworn  according  to  the  pro- 
visions of  sec.  6,  chap.  52,  of  Revised  Code. 

Sec.  2.  Beit  further  enacted ,  That  it  shall  be  the  duty  of 
the  Sheriffs  to  make  out  duplicate  statements  of  their  polls, 
in  their  respective  counties,  on  the  question  of  "Convention" 
and  uNo  Convention,"  sworn  to  before  the  Clerk  of  the 
County  Court,  one  copy  of  which  shall  be  deposited  in  said 
Clerk's  office,  and  the  other  copy  transmitted  to  the  Governor 
of  the  State  at  Raleigh,  under  the  same  rules  and  regulations^ 
and  under  the  same  penalties  as  are  prescribed  in  the  case  of 
the  returns  of  the  vote  for  the  electors  of  President  and  Vice 
President,  as  now  prescribed  by  law,  immediately  after  said 
election. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Governor,  as  soon  as  he  shall  have  received  the  returns 
of  the  Sheriff,  in  the  presence  of  the  Secretary  of  the  State, 
Public  Treasurer  and  Comptroller,  to  compare  the  number  of 
votes  for  and  against  a  Convention  ;  and  if  it  shall  appear 
that  a  majority  of  the  votes  polled  are  in  favor  of  a  Conven- 
tion, he  shall  forthwith  issue  a  proclamation  in  such  man- 
ner as  he  may  think  proper,  summoning  the  delegates  elected 
to  said  Convention,  as  aforesaid,  to  convene  in  Raleigh  on 
such  day  as  he  may  designate  in  his  said  proclamation  :  Pro- 
vided, The  day  designated  be  not  earlier  than  the  eleventh 
of  March  ;  and  if  a  majority  of  the  votes  polled  are  against  a 
Convention,  the  Governor  shall  in  like  manner  issue  a  proc- 
lamation of  that  fact  ;  and  in  that  case  the  assembling  of  the 
said  delegates  elected  as  aforesaid  under  the  provisions  of 
this  act,  is  hereby  declared  to  be  illegal  and  of  no  effect. 


I860-' 61. 


House  Bill  [34.] 


Sec.  4.  Beit  further  enacted,  That  the  election  for  delegates 
as  aforesaid,  shall  be  held  and  conducted  in  the  same  manner 
as  elections  for  members  of  the  General  Assembly,  and  the 
vote  shall  be  counted  and  the  scrolls  compared,  and  certifi- 
cates issued  in  the  same  manner  as  prescribed  by  law  for 
members  of  the  House  of  Commons. 

Sec.  5.  Beit  further  enacted,  That  if  a  vacancy  shall  oc- 
cur by  the  death,  resignation  or  removal  from  the  State,  or 
by  the  refusal  to  serve  of  any  person  elected  delegate  as 
aforesaid,  the  presiding  officer  of  the  Convention  shall  issue 
his  writ  to  the  Sheriff  of  the  County  in  which  such  vacancy 
may  have  occurred,  after  such  notice  as  the  Convention  may 
order  to  open  a  poll  to  fill  such  vacancy  under  the  same 
rules  and  regulations  as  hereinbefore  prescribed  for  the  elec, 
tion  of  delegates. 

Sec.  6.  Be  it  further  enacted,  That  the  said  Convention 
shall  consist  of  one  hundred  and  twenty  delegates,  and  each, 
county  shall  be  entitled  to  the  same  number  of  delegates  as 
members  of  the  House  of  Commons,  under  the  last  apportion- 
ment. 

Sec.  7".  Be  it  further  enacted,  That  the  mileage  and  per 
diem  pay  of  delegates  to  said  Convention  shall  be  the  same 
as  that  of  members  of  the  General  Assembly,  to  be  paid  in 
"the  same  manner,  and  said  Convention  shall  have  power  to 
fix  the  pay  of  all  its  officers,  and  of  any  representative  to  any 
Convention  or  State,  and  shall  provide  for  other  expenses, 
to  be  paid  out  of  the  Treasury  as  it  may  direct. 

Sec  8.  Be  it  further  enacted,  That  the  said  Convention 
shall  have  power  to  elect  its  officers  and  prescribe  qualifica- 
tions for  its  members,  not  inconsistent  with  the  true  intent 
of  this  act, 

Sec  9.  Be  it  further  enacted,  That  the  said  Convention 
shall  have  power  to  consider  all  grievances  affecting  North 
Carolina  as  a  member  of  the  confederacy  according  to  the 
true  intent  and  meaning  of  this  act,  the  assent  or  dissent  of 
the  people  to  the  propositions  herein  contained  being  respec- 


4  House  Bill  [34.]  [I860-  61. 

lively  expressed  by  the  vote  "Convention/'  or  "no  Conven- 
tion," at  the  time,  and  in  the  mode  hereinbefore  pr  ivided. 

Sec.  10.  Be  it  further  enacted,  That  no  ordinance  of  said 
Convention  shall  have  any  force  or  validity  until  it  shall  have 
been  ratified  by  a  majority  of  tile  qualified  voters  for  mem- 
bers of  the  General  Assembly,  to  whom  it  shall  be  submitted 
according  to  the  mode  prescribed  for  elections  of  members  to 
the  House  of  Commons,  the  assent  or  dissent  of  the  people 
hereto  being  expressed  as  in  preceding  sectinos  of  this  act. 

Sec.  11.  Be  it  further  enacted,  That  no  delegate  elected 
shall  he  permitted  to  take  his  seat  in  said  Convention  until 
he  shall  have  taken  and  subscribed  to  the  following  oath, 
before  any  judge  of  the  Supreme  or  Superior  courts,  or  any 
justice  of  the  peace  of  Wake  county,  to-wit :  "  I,  A.  B.,  do 
solemnly  swear  or  affirm  (as  the  case  may  be,)  that  I  will  not 
do  any  act  contrary  to  the  aqt  of  the  General  Assembly  under 
which  this  Convention  is  called  ;  and  that  I  will  duly  and 
faithfully  discharge  my  duties  as  a  member  of  this  Convention 
according  to  the  best  of  my  knowledge  and  ability,  so  help 
me  God." 

Sec.  12.  Be  it  further  enacted,    That   this  act  shall  be  in 
force  from  and  after  its  ratification. 
Read  three  times  and  ratified  in  General  Assembly,  this  1st 

day  of  February,  A.  D.,  1861. 

WM.  T.  DORTCH,  S.  H.  C.- 
HENRY T.  CLARK,  S.  S. 


State  of  North-Carolina, 

Office  of  Secretary  of  State. 
1,  Rufus  H.  Page,  Secretary  of  State  in  and  for  the  State 
of  North-Carolina,  do  hereby  certify  that  the  foregoing  is  a 
true  copy  of  the  original  on  file  in  this  office. 

Given  under  my  hand  this  1st  day  of  February.,  1861. 

RUFUS  H.  PAGE, 
Secretary  of  State, 


■?\*- 


' 


